Peter K. Navarro v. United States

The Presidential Records Act of 1978, 44 U.S.C. §§ 2201-2209, provides that the “United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered with the provisions of this chapter.” 44 U.S.C. § 2202. “Presidential records” is defined in part within the Presidential Records Act of 1978 as, “documentary materials. . . created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President[,]” and requires covered employees to make broad in-the-moment determinations about the nature of materials that they created or received in order to determine if they are Presidential Records. 44 U.S.C. § 2202. The Presidential Records Act of 1978 (nor any amendment thereto) itself contains no mechanism for the United States to seek the return of Presidential records, instead providing as the only remedial action: “The intentional violation of [44 U.S.C. § 2209] (a). . . as determined by the appropriate supervisor, shall be a basis for disciplinary action in accordance with subchapter I, II, or V of chapter 75 of title 5, as the case may be.” 44 U.S.C. § 2209(b). The question presented is: Whether the United States may avail itself of unrelated state replevin statutes to seek the return of Presidential records.